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Title 5 — Government Organization and EmployeesRelease 119-73

§580 Arbitration awards

Title 5 › Part PART I— - THE AGENCIES GENERALLY › Chapter CHAPTER 5— - ADMINISTRATIVE PROCEDURE › Subchapter SUBCHAPTER IV— - ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS › § 580

Last updated Apr 6, 2026|Official source

Summary

An arbitration award must include a short, informal explanation of the facts and law behind the decision. The winning party must file the award with the appropriate agencies and show that all parties were served. The award becomes final 30 days after it is served. An agency that is a party can extend that period one time for another 30 days by giving notice before the first 30 days end. A final award is binding on the parties and can be enforced under sections 9 through 13 of title 9. A court may not throw out or refuse enforcement just because the United States is involved. The award cannot be used to block other cases on the same issues, and it cannot be treated as precedent or used in unrelated proceedings.

Full Legal Text

Title 5, §580

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)Unless the agency provides otherwise by rule, the award in an arbitration proceeding under this subchapter shall include a brief, informal discussion of the factual and legal basis for the award, but formal findings of fact or conclusions of law shall not be required.
(2)The prevailing parties shall file the award with all relevant agencies, along with proof of service on all parties.
(b)The award in an arbitration proceeding shall become final 30 days after it is served on all parties. Any agency that is a party to the proceeding may extend this 30-day period for an additional 30-day period by serving a notice of such extension on all other parties before the end of the first 30-day period.
(c)A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9. No action brought to enforce such an award shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party.
(d)An award entered under this subchapter in an arbitration proceeding may not serve as an estoppel in any other proceeding for any issue that was resolved in the proceeding. Such an award also may not be used as precedent or otherwise be considered in any factually unrelated proceeding, whether conducted under this subchapter, by an agency, or in a court, or in any other arbitration proceeding.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (c). Pub. L. 104–320, § 8(a), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “The head of any agency that is a party to an arbitration proceeding conducted under this subchapter is authorized to terminate the arbitration proceeding or vacate any award issued pursuant to the proceeding before the award becomes final by serving on all other parties a written notice to that effect, in which case the award shall be null and void. Notice shall be provided to all parties to the arbitration proceeding of any request by a party, nonparty participant or other person that the agency head terminate the arbitration proceeding or vacate the award. An employee or agent engaged in the performance of investigative or prosecuting functions for an agency may not, in that or a factually related case, advise in a decision under this subsection to terminate an arbitration proceeding or to vacate an arbitral award, except as witness or counsel in public proceedings.” Subsecs. (d), (e). Pub. L. 104–320, § 8(a)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsecs. (f), (g). Pub. L. 104–320, § 8(a)(1), struck out subsecs. (f) and (g) which read as follows: “(f) An arbitral award that is vacated under subsection (c) shall not be admissible in any proceeding relating to the issues in controversy with respect to which the award was made. “(g) If an agency head vacates an award under subsection (c), a party to the arbitration (other than the United States) may within 30 days of such action petition the agency head for an award of fees and other expenses (as defined in section 504(b)(1)(A) of this title) incurred in connection with the arbitration proceeding. The agency head shall award the petitioning party those fees and expenses that would not have been incurred in the absence of such arbitration proceeding, unless the agency head or his or her designee finds that special circumstances make such an award unjust. The procedures for reviewing applications for awards shall, where appropriate, be consistent with those set forth in subsection (a)(2) and (3) of section 504 of this title. Such fees and expenses shall be paid from the funds of the agency that vacated the award.” 1992—Pub. L. 102–354, § 3(b)(2), renumbered section 590 of this title as this section. Subsec. (g). Pub. L. 102–354, § 5(b)(3), substituted “fees and other expenses” for “attorney fees and expenses”.

Reference

Citations & Metadata

Citation

5 U.S.C. § 580

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73